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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Based on the facts, the Plaintiff is a company that engages in the business of leasing construction materials, such as steel materials, and the Defendant is a company that has subcontracted earth and sand strawing construction works undertaken in Gangnam-gu Seoul with respect to the “C apartment reconstruction project” by Samsung C&T Co., Ltd., and the E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is a company that re-subcontracts the above construction works (hereinafter “instant construction works”) from the Defendant, and the F is a person who actually operates the non-party company.
On November 23, 2013, F, along with the Plaintiff’s employees G (one person H), visited the Defendant’s other construction sites (hereinafter referred to as “I site”) located in Yong-si (hereinafter referred to as “the Plaintiff, the head of the site site, requested the lessor, the Defendant, and the non-party company, to present the lecture lease contract (hereinafter referred to as “instant lease contract”) in which the lessee and the non-party company are joint and several sureties, and to affix the Defendant’s seal impression. The J affixed the Defendant’s employee seal impression in the instant lease contract, etc., the place of use, the date of preparation, the other party’s employee seal impression, the Defendant’s personal seal impression, the Defendant’s business registration certificate, and the Plaintiff, and G and F affixed the Plaintiff’s seal impression in the instant lease contract, etc.
【Partial grounds for recognition】 The Plaintiff’s assertion of the purport of the Plaintiff’s assertion of the parties to Gap’s evidence Nos. 2 (including each number; hereinafter the same shall apply), witness F, G, and J’s testimony and pleading as a whole was concluded on November 23, 2012 through J, the Defendant’s on-site manager, under which the Plaintiff provided a lease contract for the lease of steel to be used at the instant construction site, and the Defendant did not pay rent after August 20, 2013. Since part of the steel supplied by the Plaintiff to the Defendant was embezzled by F or the president of the instant construction site, it was partly damaged.